Democracy and Ijtihad
The Twin Pillars of Reform in the Muslim World
By Radwan A. Masmoudi

Introduction:

This article discusses the current crisis in the Muslim world, and attempts to outline a path forward. It focuses on the two main axes - democracy and Ijtihad - needed to resolve the crisis and develop Muslim societies. Democracy will allow Muslims to develop a political system that can serve the interests of the people and resolve political conflicts and disputes through peaceful means. Ijtihad will allow Muslims to adapt their understanding of Islam, and the message of the Quran, to the changing needs, conditions, and priorities of the Muslim societies and communities. Without democracy and Ijtihad, there is no hope for a better future. American Muslims in particular, and Muslim leaders in general should work together to provide a better vision for the millions of young Muslims who are eager to live a more humane, dignified, and prosperous life in the 21st century while maintaining their Islamic heritage and faith.

The imperative of Democracy:

In August 2004, I visited one of the Arab worlds most prominent democratic scholars and thinkers, Prof. Mohamed Talbi, in his home in Tunis, Tunisia. Prof. Talbi was critical of not only of the Arab regimes, but also of Western governments, including the US, which he accuses of hypocrisy and of supporting oppressive regimes in the Arab world. Prof. Talbi was pessimistic about prospects for freedom and democracy to take hold in the Arab world. He said that current dictators are interested only in fake democracy; one that does not include real freedoms, alternation of power, an independent judiciary, or a free press. The regimes are totalitarian and use a powerful and omnipresent police force to silence all voices of reform, criticism, or opposition. Freedom and democracy, he believes, will not succeed in the Arab world without strong economic and diplomatic pressure from European and American governments. So far, this pressure does not seem genuine or forthcoming.
After the fall of the communist regimes in the Soviet Union and Eastern Europe, the Arab world, and more generally the Muslim world, is now the new frontier in the struggle for human decency, freedom, and dignity. Extremist ideas and ideologies thrive when entire peoples, millions of people, are deprived of their basic rights, dignity and of any hope for a better future. Over half of the Arab population today (about 300 Million people) is under 20 years of age. These young men and women are growing up in an environment of despair, violence, corruption, lawlessness, oppression, and poverty. Arab countries are well endowed with natural and human resources; the countries are rich but the overwhelming majority of the people are poor. Less than 5% of the people own over 90% of the capital, mostly through government corruption, bribes, and diversion of public funds. Unemployment is very high (between 30 and 40%) and growing at an alarming rate.

This situation is dangerous not only for Arabs and Muslims, but for the whole world in this increasingly global village in which we all live. To achieve peace and stability, the international community has a moral obligation to promote freedom, justice, and dignity as the only antidotes to extremism, violence, and despair. Let us review, briefly, the conditions of basic freedoms and democracy in the Arab world:

Free Press: The media (TV, press, radio) is where ideas are discussed and debated. Government control of the media inhibits free exchange of ideas and stifles debate. A free media is starting to emerge in the Arab world (thanks to satellite dishes and the internet), but governments continue to control access to written media (books, textbooks, newspapers, and magazines). In Algeria, I met with the editor-in-chief of a moderate weekly newspaper, with a circulation of about 30,000 copies per week. Despite the fact that the newspaper is sold out as soon as it comes on the stand, it is facing extreme financial hardships, because government regulation forces them to sell the newspaper at a symbolic price (10 dinars = US$0.10). My friend told me that he can easily sell 100,000 or 200,000 copies per week, if he wanted to, but that would hurt, not improve, his financial position. The only way newspapers make money in Algeria, and in the Arab world, is through advertising, most of which is controlle d by the government. Some Arab countries (notably Morocco, Algeria, Egypt, and Lebanon) allow significant freedom for the journalists to write and say whatever they want, and this is undoubtedly a positive development. However, even in those countries, journalists know that there are some red lines that they cannot cross, especially when it comes to corruption, financial accountability, favoritism, and cronyism.

Allowing and encouraging the growth of a free and liberal media in the Arab world is a first necessary step toward real political reforms and economic development. A free media plays a critical role in exposing and stopping corruption, which is a huge and growing problem in the Arab world.

Free Market Economy: Economic freedom and entrepreneurship is the key to prosperity. Currently, most of the business and trade opportunities are given to pro-government individuals and cronies, not on the basis of their qualifications but on the basis of their loyalty. Individuals who are close to the government or ruling elite are allowed to import without paying taxes, while decent and independent businesses are asked to pay tariffs and taxes in excess of 80-100%. Opposition members or leaders are often prevented from starting their own businesses in the first place. Business leaders or owners, who do not toe the line or dare to challenge the regime, are quickly shut down.

Most Arab countries have free-market economies without the protection of rule of law, transparency, and accountability. This means that favoritism, corruption, and bribery are a huge and increasing problem that threatens to undermine any economic development that has been achieved in the last 10 or 20 years. In many Arab countries, close friends and families of the president or king, own very large business ventures that dominate a growing share of the local economy. These business ventures receive the majority of government contracts and grants but rarely pay taxes. Honest business men and women find it increasingly hard to make a living or to stay in business.

Without an environment of free competition and rule of law, businesses cannot succeed and jobs cannot be created. International development agencies (the World Bank, IMF, USAID, the European Union, etc..) must insist on transparency, rule of law, and accountability if they want real and sustained economic development. This, of course, cannot happen without greater political openness, a free media, and genuine democratization.

Free Religion: Religious practice must be free of government interference. Freedom of religion is the only way to build a strong moral society, where people can deal with each other with dignity, respect, trust, and fairness. Government interference in religious practices impedes morality and encourages hypocrisy, and lack of trust.

Many states in the Middle East claim to be secular, but use religion to gain legitimacy in the eyes of the people. The biggest department is the ministry of religious affairs, employing hundreds of thousands of religious preachers (Imams). At Friday sermons, Imams pray God to help and support the president or the king. Far from being free, Islam has become subservient to the whims and aspirations of the ruling class. Rather than increase the popularity of the regime, this blatant use of Islam upsets the citizens and worshippers who feel that the Imam is forced to say what he said. Often, the worshippers refuse the say the usual amen out of a feeling of anger and disgust. They are not necessarily against the government, but they object fervently to this blatant use of religion, especially when the country is close to an election. How would the current leaders feel if the Imams asked the worshippers to support another candidate or political party?

Religions, especially Islam, best thrive when people are allowed to practice their religion freely, without government interference or control. Nobody, including the state, should monopolize religion or claim to represent God on earth. This would be dangerous, futile, and will only drive people away from religion. In the Islamic Republic of Iran, which requires people to adhere to a strict religious code, nearly 75% of young people (between 20 and 30) do not perform their prayers, or go to mosques, on a regular basis. This is the highest percentage in the Muslim world, and clearly indicates that government in the name of Islam will harm the religion. Of course, the moral and ethical code of Islam must be respected by any political party if it wants to have popular support, but that is different from imposing religion on people, or from developing government policies in the name of Islam. What happens if and when these policies fail in improving the lives of the citizens? Wont people turn a gainst Islam?

Free Judiciary: The biggest problem and obstacle to real and genuine reforms and democratization in the Arab and Muslim world is the lack of an honest and independent justice system. Most judges are appointed by the president, and receive their salaries and promotions from the minister of justice, who reports directly to the president. Judges are expected to toe the line of the government and to rule as they are told or ordered. Especially in political trials, but increasingly even in economic cases, the sentences are prepared by the ministry of justice, and the judges have no real say. In the Arab world, Egypt probably enjoys the most independent judicial system, which can at times contradict the decisions of the government, however, this is unheard of in other Arab countries. In many Arab countries, judges are known for receiving large bribes from people in order to rule in their favor.

How can we expect to establish a just and equitable society, as Islam requires us to do, without giving the judges greater autonomy and independence? Having judges elected by their constituencies, rather than appointed by the executive branch, is the only sure way to have separation of powers, with the check and balance protection that it provides. This is an essential requirement for democracy that is still missing in most Arab and Muslim countries. The U.S. and a few other western countries have gone a step further by giving the accused the right to choose to be sentenced by a judge, a panel of judges, or a jury of fellow citizens.

Without a truly independent judiciary, there can be no hope of building a truly democratic society, of establishing justice, or of reducing corruption.

Free Associations: The right of citizens to express their opinions freely and to form, with other citizens, organizations, associations, and political parties is a fundamental right in any democratic society. Governments have the right to monitor the formation and operation of such organizations, to make sure that they operate within the framework of the law, but they do not have the right to curtail the free exercise of freedom of speech or freedom of organization.

Unfortunately, in the overwhelming majority of Arab countries, the right of citizens to form organizations or political parties is greatly curtailed by bureaucratic regulations and governmental interference. In the US, a group of citizens can form and register an organization (non-profit, for-profit, or political) within a day or two (a week at the most). In the Arab world, such an effort can take years, and usually results in denial on the flimsiest of reasons (such as a similar organization usually under the control of pro-government individuals- already exists!).

A few Arab countries, notably Morocco, Egypt, and Jordan have a large and growing civil society. However, even in these countries, civil society organizations cannot organize meetings, solicit funding, or organize demonstrations without government approval, which is almost always denied. When free, open, and transparent organizations are denied existence, this will drive citizens especially the youth- toward underground, violent, and radical movements, and therefore leads to the growth of radical and extremist groups and ideologies. Can a government policy be more myopic and counter-productive?

Free competition of ideas, and free debate about the real problems and the best professed solutions, between individuals and groups of citizens, is the only way to foster a democratic opening and allow the growth of democratic traditions and culture.

Free Elections: At the end of the day, the only way to guarantee that the government is at the service of the people, and not vice-versa, is to have elected officials who are not only representative but also accountable to the people. The best intentions are not sufficient because after a few years in power, the ruler is usually surrounded by yes-men (and women) who tell him exactly what he wants and likes to hear. The system breaks down, and even with the best intentions, the ruler becomes isolated.

Term limits (either two or three terms, never to exceed 15 years) are mandatory for good governance. A leader or president has probably exhausted his or her intelligence and imagination by the time he or she has stayed in power for 10 or 15 years. Yet, in the Arab world today, there has not been any alternation of power through peaceful means. Rulers and presidents stay in power until death, and/or senility, visits them.

Many experts predict that, in free and fair elections, Islamic parties will inevitably win. If true (I doubt that it is true in all cases) this is the result of the mismanagement, corruption, and shear incompetence of the current regimes. Sooner or later, preferably sooner, moderate Islamic parties must be allowed to compete for political power. This is the only way to force them to tone down their rhetoric and to offer practical and feasible solutions, rather than empty slogans. In order to facilitate smooth transitions to free, open, and fair elections, we could start by having local and municipal elections. Naturally, parties and individuals who practice or advocate violence should not be allowed to have political parties or to run for office.

The Imperative of Ijtihad:

Adopting and implementing these values, and developing a democratic and progressive culture and society requires a modern re-interpretation of Islam, based on the changing needs and conditions of the people. Muslims believe that Islam is valid for all places and all times because it is flexible and adaptable to the changing situation. The Quran was revealed over the course of 23 years, in 1 to 5 verses at a time, and most of these verses came in response, and as guidance, to certain developing situations or conditions for the Prophet and the community of believers with him. There is a whole science in Islam, called Asbab an-Nouzoul, the circumstances for the revelation, which has to do with knowing and understanding the specific reasons, conditions, and therefore meanings of the particular verse or verses. Any verse, when taken out of context, can be misunderstood or misapplied.
While there is no disagreement between the Muslims that the Quran is the literal word of God, there usually is disagreement about the meanings of certain verses, and how certain verses can be understood to apply in different situations and different conditions. That is why, since the death of prophet Muhammad peace be upon him, and for at least the first 8 or 9 centuries of Islam, there was a large number of opinions and schools of thoughts on almost every issue. A whole science, called Ijtihad or reasoning and interpretation- was developed by Muslim scholars in order to understand and apply the message of the Quran to varying and changing needs and conditions.

Islamic Sharia laws are also subject to interpretation and to the ever-changing needs of society. Muslim scholars have the responsibility of prioritizing the needs of the society and of coming up with the right solutions. Sharia is a set of guiding principles to protect the individual and the society, and not just a set of rules that are fixed in time. To address the changing needs of Muslim societies, Muslim jurists and scholars have relied on the well-established process of reasoning (ijtihad) which is not only based on Quran and religious tradition (sunna), but also on reason, deduction, and prioritization. Imam al-Ghazzali [1058-1111] wrote that the purpose of the law (Sharia) for human beings is fivefold: the preservation for them of their religion, body, intellect, offspring, and property. Later on, in the early 20th century, the Tunisian Islamic scholar Taher Ben Achour added two more objectives: justice and freedom.

Three examples can illustrate this point. Fifteen years after the death of Prophet Mohammed, Caliph Omar ibn-al-Khattab stopped cutting off the hands of thieves because he argued that they had a legitimate need due to hunger and/or poverty. He justified his apparent contradiction of a verse from the Quran by saying that the principle of justice and fairness is supreme. Similarly, the councils of Muslim ulamas in Europe and the United States decreed in 2000 that it was permissible for Muslims residing in the West to buy houses with mortgages and to pay interest on these loans. This contradicts a Quranic teaching against interest (riba), but was justified by well-known and respected Muslim scholars, who argued that such permission was necessary for Muslims to meet their financial and social needs in the West.

Ijtihad taught Muslims to be flexible, and to seek to learn and interact with other religions, cultures, and civilizations. Islam teaches that no one owns the truth, and that the true believer is always in search of the truth and of wisdom, wherever he finds it, he follows it. This constant search for the truth, and for the overarching principle of justice, lead Muslims and scholars to respect each other opinions, and to be willing to change their opinions if they are proven wrong. Muslim scholars used to say: this is my opinion, and I could be wrong. And this is someone elses opinion, and he could be right. No one had a monopoly over the truth.

Ijtihad, as understood and practiced by the scholars, meant that scholars can change their opinions based on the changing needs and conditions of the society. There was, for instance, a case when Imam al-Shafii gave a certain opinion in Baghdad. One year later, he moved to Cairo, and in response to the same question, he gave a different answer. Someone asked him, O Imam, last year in Baghdad you gave a different answer, and his reply was: That was in Baghdad, and this is in Cairo. That was last year, and this is now. Time, place, the norms, and the conditions were considered very important factors when giving their religious advice or opinions.

Ijtihad allowed Muslims, and the Muslim societies to constantly adapt and improve as things change and new discoveries are made. Unfortunately, about 500 years ago, the doors of Ijtihad were closed. As Muslim civilization began to weaken, in front on Western and European advances, scholars, and Muslims in general, felt threatened and decided that too much innovation, or adaptation, or Ijtihad can weaken the faith. They declared that the door of Ijtihad was closed, and that if anybody is looking for valid opinions, they must go back to the opinions of the original scholars, who died many centuries ago.

This was the beginning of the decline of the Muslim civilization. From that point on, i.e. for the last 4-5 centuries, Islam became detached from reality and from modernity. Old systems and old interpretations can no longer provide the answers to the difficult questions now facing the Muslim world. Muslims are very much attached to Islam and to the Quran, however, they are faced with outdated opinions and interpretations that were made over a thousand years ago, that do not address the current situations, problems, and challenges facing the Muslim countries and Muslim societies.

Muslims feel that they must choose between Islam and modernity, or between Islam and democracy. This is a false choice. When faced with this choice, Muslims will always choose Islam and reject anything that they see as alien, foreign, or even contradictory, to the principles of their faith. This is the reason why we have a crisis in the Muslim world today, and there is no way out of this crisis, without renewing the concept of Ijtihad, and using these ideas to develop a modern interpretation of Islam and Islamic principles that is not only compatible with the word of God as expressed in the Quran but also compatible with the modern day situations, ideas, and values developed or discovered by humanity in the last several centuries.

Conclusions:

The only way to solve the crisis in the Muslim world is to end tyranny and corruption, and replace them with freedom, equality, and justice. This is the calling of our generation. After our fathers and forefathers liberated us from foreign occupation, a new crop of corrupt, inefficient, and very oppressive regimes took control of our lives and our communities. After 50-60 years of independence, it has become clear that these regimes have failed and are failing- to provide the jobs, the dignity, the freedom, and the economic and social development that is needed to fulfill the hopes and aspirations of our people.

Democracy is the key to re-opening the door of Ijtihad. It will foster free debate and create an environment that encourages a genuine renewal of Islamic thought. Justice and liberty, limited government, and free enterprise are principles that are strongly emphasized in the Quran and the practice of the Prophet. Values of freedom and liberty are not only compatible with Islam; they are required by it. Islam emphasizes that there must be no compulsion in religion, and that faith is a matter of choice. Religion cannot be imposed on others. To become accepted, these values must be preached in the language, culture, and religion that people can understand. Religious and moral values are important because they teach us helping and caring for others, honesty, fairness, family values, and to live a decent and unselfish life.

The United States, the European Union, and the international community at large has a vested and self interest to exert real and meaningful pressure on these governments. Genuine democracy that includes moderate Islamic as well as secular parties vying for power, real political, judicial, and economic reforms, and a profound debate about Islams role and position in society are the only way to resolve the long simmering problems that threaten peace and stability in the region and in the world.